451. Closing of evidence -- Trial Court issued bailable warrants against some witnesses but did not take other coercive measure like issuance of non-bailable warrant, or attachment of property, or writing to the senior administrative officer to instruct the concerned witnesses to appear, so as to bring the case to its logical end by completing the proposed evidence of the parties – Held, trial Court completely faulted in its approach while closing the evidence of petitioner, causing great prejudice to him – Ld. trial Court directed to adopt all the measures as mandated under the provisions of Order 16 CPC and other provisions of the CPC – Revision allowed. (P&H HC) Decided on: 22.04.2024

452. Additional evidence at Appellate stage -- Certified copy issued by Private Bank -- Application for bringing on record the certified copy issued by the private bank -- Certified copy issued by the private bank is not per-se admissible, rather the same is required to be proved by way of evidence -- In the absence of any prayer for proving such document, even if application is allowed, such document would not be admissible as an evidence -- Application dismissed. (P&H HC) Decided on: 22.04.2024

453. Petitioner/ Conductor misused the official capacity and caused loss to the Government to the tune of Rs.65.60/- by not issuing tickets -- Dismissal from service by Roadways – Industrial dispute raised – Workman held entitled to reinstatement with benefit of continuity of service -- His period of absence i.e. from the date of termination from the service till the passing of the earlier award or reinstatement in the service, would be treated as leave of the kind due -- However, he would not be entitled to any back wages -- Pay scale of the petitioner would be reassessed accordingly and all the consequential benefits would also be extended to him within four months. (P&H HC) Decided on: 20.04.2024

454. Registration of marriage -- Legitimacy to the marriage -- If there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage -- A certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all. (SC) Decided on: 19.04.2024

455. Additional evidence – Suit for specific performance – First Appellate Court dismissed application for permission to produce a copy of jamabandis on record on the ground that these documents have no relevance as the ownership is not in dispute – Submission that the application should have been decided only with the main case – Held, it is not necessary that all the applications for additional evidence must be decided with the main appeal – Revision dismissed. (P&H HC) Decided on: 19.04.2024

456. Amendment to add the plea of assessment of un-liquidated damages and to sue respondents/ defendants in individual capacity on attaining majority -- Plaintiff cannot be deprived of his right to incorporate the pleas, which are available to him under the law – Court should allow the parties to bring their plea on record, so that matter in controversy can be finally, completely and effectively decided -- Causing the delay, in raising the pleas at belated stage of the suit, the petitioner-plaintiff needs to be burdened with costs – Amendment in plaint allowed with cost of Rs. 30,000/-. (P&H HC) Decided on: 19.04.2024

457. Matrimonial dispute -- Quashing of FIR – One FIR at Hisar – Other at Udaipur – Court deprecated this practice of state machinery being misused for ulterior motives, imposed cost of Rs. 5,00,000/- on the respondent No.2 – FIR at Udaipur quashed. (SC) Decided on: 19.04.2024

458. Murder – Regular bail – Speedy trial – Right of -- Petitioner suffered incarceration of 05 years, 08 months and 12 days -- Investigation is complete, challan stands filed, out of total 35 prosecution witnesses, 33 witnesses have been examined -- Trial will take long time, no useful purpose would be served by keeping the petitioner behind the bars for uncertain period -- Bail allowed. (P&H HC) Decided on: 19.04.2024

459. Ban of registration of new e-rickshaws – Legality of – Restrictions contemplated by Rule 178 are with regard to the speed or with regard to restricting or prohibiting use of motor vehicles, generally or any particular class or classes in any area or any road – Impugned orders banning registration of new e-rickshaws etc is without legal sanction – Impugned notification set aside. (Allahabad HC) Decided on: 19.04.2024

460. Cancellation report by police -- Protest petition – Private complaint – Right of complainant -- Magistrate had the liberty to reject the Protest Petition along with all other material which may have been filed in support of the same -- In that event the Complainant would be at liberty to file a fresh complaint -- The right of the Complainant to file a petition u/s 200 Cr.P.C. is not taken away even if the Magistrate does not direct that such a Protest Petition be treated as a complaint -- Magistrate ought to have followed the provisions and the procedure prescribed under Chapter XV of the Cr.P.C.. (SC) Decided on: 18.04.2024

461. Annulment of marriage – Transfer of case – Kolkata to Jharkhand – Petitioner-wife has filed a petition for maintenance etc., the respondent-husband has filed the subject suit u/s 12 of the Hindu Marriage Act, 1955 for annulment of the marriage -- Grounds taken that wife is staying with her parents at Dhanbad, Jharkhand; she has no source of livelihood; she has apprehension of physical violence and mental torture in the event of visiting Alipore etc. – Case ordered to be transferred to the Family Court at Dhanbad, Jharkhand. (SC) Decided on: 18.04.2024

462. Cheque bounce complaint – Transfer of case -- Entire cause of action has arisen at Pune and only in order to harass the petitioner the complaints have been filed at Calcutta by manipulating the jurisdiction – Complaint transferred from Calcutta to Pune. (SC) Decided on: 18.04.2024

463. Allotment of distributorship – Writ jurisdiction – Delay and laches -- Writ petitioner was a rival applicant for grant of LPG distributorship – Appellant was held to be successful by and allotted distributorship by virtue of draw of lots in 2014 – Same was challenged in the year 2017 and thereby the writ petitioner had allowed his right if at all if any to be drifted away -- Writ dismissed. (SC) Decided on: 18.04.2024

464. Finalisation of consolidation proceedings – Revocation of -- Updation of records taking place in terms of Section 22 of the 'Consolidation Act, 1948' and none of the aggrieved made challenge, it acquired binding and conclusive effect -- Transfer of possessions were made to all the estate holders, inclusive of the Gram Panchayat -- Consolidation scheme not amenable to be revoked -- Orders prima facie vary and revoke the finalized consolidation scheme are in conflict with Section 36 of the 'Consolidation Act, 1948' -- Writ petition succeeds and the impugned orders quashed and set aside. (P&H HC) Reserved on: 20.03.2024 Decided on: 18.04.2024

465. Cheque bounce complaint – Absence of complainant -- Dismissed for want of prosecution -- Neither the complainant was present for trial nor any order directing complainant to remain present was passed on the earlier occasion – Ld. Magistrate ought to have adjourned the complaint to a later date directing the complainant to positively remain present on the next date -- Held, learned Magistrate was not justified in straight away dismissing the complaint and ordering acquittal of the accused respondents on mere non-appearance of the complainant -- Impugned order quashed and set aside -- Proceedings restored to its original number. (Rajasthan HC) Decided on: 18.04.2024

466. Additional accused – Summoning – Alibi -- Contention that it had come during investigation that the petitioner was not present at the time of the alleged occurrence cannot be a ground for the learned Trial Court to not summon a person as an additional accused u/s 319 of the Cr.P.C. -- Right of an accused to present his evidence of alibi would always be available to him during trial. (P&H HC) Decided on: 18.04.2024

467. Superdari of vehicle – Onerous condition – Superdari order with the condition that petitioner shall furnish sapurdari bonds in sum of Rs.1,50,000/-, along with cash security or bank guarantee of equal amount -- Condition imposed upon the petitioner, is an onerous condition -- Conditions modified. (P&H HC) Decided on: 16.04.2024

468. Insurance claim -- Theft of vehicle – FIR lodged -- Delay in informing insurance company – It is not the case of the petitioner-Insurance Company that the investigating agency did not take appropriate steps for tracing the vehicle or that its conclusions attributed lapse/criminal negligence on the part of the respondent No.2-applicant – Insurance Company held liable to pay sum of Rs.15 Lakhs, Rs.20,000/- as compensation and Rs.5,000/- towards litigation expenses. (P&H HC) Decided on: 16.04.2024

469. Compensation in motor vehicle accident case -- Driving license – Onus/ Liability of Insurance company -- Steps were required to call upon driver as a witness and asking him to produce the driving licence -- Insurance company, cannot be absolved from the liability. (P&H HC) Decided on: 16.04.2024

470. Right to travel is a fundamental right and there is no law depriving a person of such right -- Investigation at initial stage -- Petition allowed, petitioner permitted to travel abroad subject to the conditions. (P&H HC) Decided on: 16.04.2024

471. Murder – Rape – Acquittal -- Not a case of direct evidence -- Not a case of circumstantial evidence -- PW-1 and PW-2, star prosecution witnesses are parents of the deceased -- PW-2 was not present in the village when the incident occurred and PW-1/ mother has not seen the accused/ appellant committing the offence, she claims to have learnt of the complicity of accused/ appellant but no person has been identified from whom information has been received – No recovery from the accused/ appellant -- Not the case that dead body has been recovered on the pointing out of the accused/ appellant – Judgment of conviction and sentence set aside. (Allahabad HC) Decided on: 16.04.2024

472. Specific performance of contract -- Discretion of court -- Necessary condition is that contract in itself must be legally valid and capable of enforcement, otherwise the Court’s discretion in granting or refusing its specific performance will not arise. (P&H HC) Reserved on: 13.03.2024 Pronounced on: 15.04.2024

473. NDPS Case – Acquittal – Independent witness – Exclusive possession -- No evidence to establish that the alleged place of recovery i.e. room where a motor was situated, was under exclusive possession, usage, or ownership of the appellant – No explanation from police officials regarding the absence of independent witnesses during the operation -- No efforts were made to establish a direct connection between the appellant and the recovered contraband material – Reasonable doubt created about the genuineness of the recovery – Appellant acquitted. (P&H HC) Reserved on: 03.04.2024 Decided on: 15.04.2024

474. Limitation -- Order of stoppage of three annual increments of the appellant with cumulative effect was passed on 14.06.1980, whereas suit for declaring the said order illegal, null and void was filed on 29.08.1988 after a period of eight years – Suit is hopelessly time barred – Suit dismissed. (P&H HC) Reserved on: 04.04.2024 Decided on: 15.04.2024

475. Appointment of Lambardar – Age of candidate -- For the appointment of Lambardar, age of the candidate is a relevant factor. (P&H HC) Decided on: 15.04.2024

476. Conviction in cheque bounce complaint -- Suspension of sentence – Condition to deposit 20% of compensation -- Appellate Court has not referred to the ratio laid down by Hon’ble Supreme Court in Jamboo Bhandari’s case (2023) Law Today Live Doc. Id. 18509 and no reason given – Condition of deposit set aside, Appellate Court directed to decide afresh. (P&H HC) Decided on: 15.04.2024

477. Co-operative Society/ Hospital – Employees of the Co-operative Societies are entitled to the benefits of the labour legislation, Minimum Wages Act, Maternity Benefit Act. (Kerala HC) Decided on: 11.04.2024

478. Contempt of Courts -- Court directed the Tree Officer and the Deputy Conservator of Forest to ensure that the trees are not fell or harmed in any manner -- Respondent No.2 cut the tree by presenting a forged permission letter for felling down the tree -- FIR under Sections 465/471/34 IPC lodged – Order passed by High Court violated -- Respondent No.2 held guilty of wilful disobedience of the Orders of High Court. (Delhi HC) Decided on: 10.04.2024

479. Compensation in motor vehicle accident case -- Insurance policy after death -- Liability of insurance company -- Insurance policy obtained after death was void and no liability arose against the insurance company to pay compensation as no judgment can be passed against a dead person -- Insurance company absolved from the payment of compensation amount. (P&H HC) Decided on: 10.04.2024

480. NDPS case – Confession/ Disclosure of co-accused -- Prosecution failed to prove money allegedly recovered from the possession of respondent-accused had been derived from the sale of narcotics -- Confession made by one accused cannot serve as a substantive piece of evidence against a co-accused -- Acquittal order, upheld. (P&H HC) Decided on: 10.04.2024

481. Black listing/ Debarment of Contractor – Deemed debarring on termination of contract – Show cause notice -- There should have been a separate Show Cause Notice issued to the concerned entity/ person with respect to debarment. (Delhi HC) Decided on: 10.04.2024

482. POCSO -- Permanent exemption from personal appearance – Charges framed on 14.07.2023 and only 5 PWs out of 15, have been examined so far – Personal appearance of the petitioners before the learned trial Court exempted subject to conditions. (P&H HC) Decided on: 09.04.2024

483. Murder case -- Superdari of vehicle -- If the vehicle remains parked in the police station for a considerable period of time, it would become unfit for being plying on the road as keeping it parked in the sun and rain could damage its tyres, colour, machinery, battery as also interiors of the vehicle -- Value of the vehicle would also diminish in such a situation – Petition allowed, vehicle ordered to be released to the petitioner/registered owner on superdari. (P&H HC) Decided on: 09.04.2024

484. Cost -- Argument that once the costs are imposed u/s 35B CPC it would be a condition precedent for further prosecution of the case – Held, costs if not paid can be included in the decree. (P&H HC) Decided on: 09.04.2024

485. Attempt to murder – Anticipatory bail -- On the contention that petitioner has not been named in the FIR, his tower location was not found at the place of occurrence, specific injuries attracting Section 307 IPC attributed to the co-accused and there is nothing on record against the petitioner in the final report filed u/s 173 Cr.P.C. against the co-accused, interim protection was granted -- Petitioner joined the investigation, interim bail order confirmed. (P&H HC) Decided on: 08.04.2024

486. Cheque bounce complaint / FIR -- Compounding of offence – No consent of complainant – Quashing of criminal proceedings -- Initially, both sides agreed to compound at the appellate stage but the appellant could not pay the amount within the time – Now appellant has paid the entire amount with interest – Appellant in jail for more than 1 year before being released on bail – Now no purpose to keep the proceedings pending – Transaction between the parties was purely civil in nature which does not attract criminal law -- Even though complainant is unwilling to compound, proceedings must come to an end – While exercising powers under Article 142 of the Constitution, criminal proceedings in FIR and criminal appeals against conviction u/s 138 of the NI Act quashed and sentence awarded by the trial court set aside. (SC) Decided on: 08.04.2024

487. Investment in partnership firm – Consumer complaint – Maintainability of -- Investment made by the complainant was for deriving benefit by getting an interest @ 18% per annum, therefore, it would be an investment for profit/gain -- It was a commercial transaction and therefore also would be outside the purview of the 1986 Act -- Commercial disputes cannot be decided in summary proceeding under the 1986 Act but the appropriate remedy for recovery of the said amount, if any, admissible to the complainant-respondent No.1, would be before the Civil Court -- Complaint was thus not maintainable. (SC) Decided on: 05.04.2024

488. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 1 -- Applicability to all religions -- Protection of Women from Domestic Violence Act, 2005 is a measure of social justice applicable to each woman irrespective of religious affiliation or social background -- The same was enacted to safeguard the rights of the victims of ‘domestic violence’ in ‘domestic relationship’. (Delhi HC) Decided on: 05.04.2024

489. Arbitration award – No written response to claim -- Appellants did not submit any written response to the claim submitted by the respondent-HAFED and only made oral submissions – Arbitrator awarded the claim of recovery of Rs.26.01 lakh and accepted the claim in toto -- Arbitrator did not commit any illegality in doing so, especially, once the claim was not opposed in any manner and further, the respondent was able to prove its case through evidence of its District Manager. (P&H HC) Reserved on: 06.02.2024 Decided on: 05.04.2024

490. Cheque bonce case – Quashing of complaint -- Though the prayer for quashing was made only as regards first and second respondents, by the impugned judgment, the complaint has been quashed in its entirety – Held, there was no reason for the High Court to quash the complaint in its entirety -- Impugned order modified. (SC) Decided on: 05.04.2024

491. Withholding of evidence -- Adverse inference – Presumption -- Failure of the plaintiff to step into the witness box to testify may enable the court to draw adverse inference if sufficient evidence has not been led -- Court may presume that the evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it -- However, it is not necessary to draw adverse inference in each and every case, even when sufficient evidence has been led. (P&H HC) Decided on: 05.04.2024

492. Murder -- Motive -- Mere absence of motive would not impinge on the testimony of a reliable eye-witness -- Motive is an important factor for consideration in a case of circumstantial evidence. (SC) Decided on: 05.04.2024

493. NDPS Case – Commercial quantity – Regular bail -- Circumstances raises a finger of serious doubts for date and time of taking the petitioner into actual custody by the police, he was actually abducted from Delhi one day prior to showing his date of arrest, have come on record which needs to be examined by leading evidence before the trial Court – Petitioner has already incarcerated for a period of 01 year 05 months and 29 days in custody -- Petitioner not involved in any other offence -- Trial is bound to take long time -- Petitioner cannot be detained behind bars for an indefinite period -- Article 21 of the Constitution provides for a right to speedy trial even to an accused -- Judicial precedent is also to be borne in mind that “bail is a rule” and “jail is an exception” – Bail allowed. (P&H HC) Decided on: 04.04.2024

494. Excise matter – Cognizance by court -- Search and seizure without FIR – FIR based on panchnama – Void abinitio – Acquittal – Respondent registered the FIR on the basis of panchanama which is erroneous and not proper – Trial Court ought not to have acted upon such FIR and cognizance should not have been taken on the strength of the said FIR – When the registration of FIR itself is void abinitio, the subsequent proceedings including the judgments are liable to be set aside – Revision allowed, judgment of conviction and order of sentence set aside – Petitioners acquitted. (Karnataka HC) Decided on: 04.04.2024

495. Non-examination of Landlady -- Adverse inference -- In each and every case, mere non-appearance of landlady/ landlord in the witness box would not necessarily require the Court to draw adverse inference -- It depends upon the facts and circumstances of the case. (P&H HC) Decided on: 04.04.2024

496. Delay in pensionary benefits – Interest – Exoneration in departmental proceedings -- Punishments imposed after culmination of the disciplinary proceedings were held to be bad and the said punishment was set-aside -- Held, once, the appellant-plaintiff has been exonerated of the allegations alleged against him, he cannot be denied the benefit of interest so as to compensate the withholding of the pensionary benefits – Interest @ 6% per annum on leave encashment, commuted pension as well as gratuity from the date liable to be released i.e. 01.05.2008 till the actual payment awarded. (P&H HC) Decided on: 04.04.2024

497. Assault or criminal force to deter public servant from discharge of his duty -- Cognizance of – Court cannot take cognizance of an offence committed u/s 186 IPC without there being a complaint made by the concerned public servant, but there is no such requirement for offence u/s 353 CrPC -- Section 195 Cr. PC does not bar the trial of the accused person for a distinct offence, disclosed by the same set of facts but which is not within the ambit of that section. (P&H HC) Reserved on: 01.04.2024 Decided on: 04.04.2024

498. Service of summons – Registered post -- Respondents were residing outside the territorial jurisdiction of the Court where the suit was instituted -- Service sought to be effected upon them by way of registered post acknowledgment due, directly by the Court where the suit was instituted, cannot be deemed to be proper service. (P&H HC) Decided on: 04.04.2024

499. Electricity dues of previous owner -- Auction purchaser under SARFAESI -- Recovery from auction purchaser/ transferee – Permissibility of – Electricity Bill due are attributable to the consumer – No Charge u/s 100 of TP Act created -- Order demanding dues of previous owner from auction purchaser quashed. (HP HC) Decided on: 04.04.2024

500. Cheque bounce complaint -- Void cheque – Alteration in cheque -- Amount written in cheque corrected in figures or in number without the knowledge and consent of maker of the cheque amounts to material alteration and also amounts cancellation -- The figure “2" was specifically inserted in cheque specifically without the knowledge of the drawer is a material alteration which makes the documents void -- Accused is not liable for any type of legal recoverable debt -- Nothing is on file to prove any type of transaction or debt to held the accused liable – Acquittal order upheld. (P&H HC) Reserved on 18.01.2024 Decided on: 03.04.2024